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KIRSCH HOLDING CO. v. BOROUGH OF MANASQUAN

59 N.J. 241 (1971)

281 A.2d 513

KIRSCH HOLDING COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. THE BOROUGH OF MANASQUAN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT (A-135). STATE OF NEW JERSEY, BOROUGH OF BELMAR, PLAINTIFF-APPELLANT, v. L.J. SCHIER, DEFENDANT-RESPONDENT (A-140).

The Supreme Court of New Jersey.

Decided September 28, 1971.

Attorney(s) appearing for the Case

Mr. Theodore D. Parsons, Jr., argued the cause for plaintiff-appellant in A-135 (Messrs. Labrecque, Parsons & Bassler, attorneys; Mr. Parsons, on the brief).

Mr. John D. Wooley argued the cause for defendant-respondent in A-135.

Mr. Harold Feinberg argued the cause for plaintiff-appellant in A-140.

Mr. Alphonse A. Stanzione, Jr. argued the cause for defendant-respondent in A-140 (Messrs. Madnick, Milstein & Mason, attorneys; Mr. Stanzione, on the brief).

The opinion of the Court was delivered by HALL, J.

These cases, consolidated for argument on appeal, concern the validity of essentially identical zoning ordinance provisions of the Boroughs of Manasquan and Belmar prohibiting, inter alia, the "group rental" of seasonal seashore resort living accommodations.

The property owner-parties in both cases had admittedly violated the ordinances. In the Manasquan case (hereafter Kirsch) the action was...

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